Contractual (Common-Law) Tenancy Agreement

A contractual (common law) tenancy agreement template to be used where an assured shorthold tenancy cannot be granted for example resident landlord, rent in excess of £100k per annum, not be tenants only or principle home, company let etc.

If the tenant is to be a lodger, living and sharing facilities (such as kitchen, bathroom and living room) with the landlord.

If the tenancy is an agricultural holding.

If the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday.

If the tenancy is for the purposes of a business.

If a green deal plan is in place AND that plan has an early repayment clause (which only applies where certain business have taken the green deal plan. A normal green deal plan is acceptable with this agreement).

This agreement may be used for the following purposes:

If the rent is to be greater than £100,000 per annum

If the tenant is not to be an individual (e.g. company let)

If it is not intended to be for the used by the tenant as their only or principle home (but not a holiday let)

If the dwelling-house is in Greater London and the rent payable for the time being under the tenancy is payable at a rate of 1,000 or less a year, or

If the dwelling-house is not in Greater London the rent payable is 250 or less a year.

If the dwelling-house consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises.

If the landlord is a Resident Landlord as defined in Schedule 1 Housing Act 1988.

If it is a tenancy under which agricultural land, exceeding two acres, is let together with the dwelling-house.

Version history

### Latest version – F005 10/15

March 2016 corrected error to numbering

9 October inserted new version of smoke and CO alarm test certificate.

10/15 – Allowed (with prior consent) a “home business” to be operated from the premises. Minor change to the burning solid fuel clause.

### Previous versions

09/15 – Updated for law changes for all tenancies granted on or after 1 October 2015 in England (agreement still suitable for Wales). Changes include:

* addition of new service of documents by e-mail boxes to be completed
* added our document checklist form
* added a smoke and CO alarm test certificate
* added legionella info
* clarified about open fires not to be used without consent

06/15a – Minor correction to couple of grammar errors.

06/15 – Major overhaul to the terms of the tenancy agreement. Most clauses have had some minor tweak and some have been replaced altogether. Some of the main areas of change include:
* major change to the landlord repairing obligations further clarifying notice requirements regardless of where any defect is located as a result of recent Court of Appeal rulings
* general overhaul where necessary to include Universal Credit
* changes to utility and council tax clauses
* rearrangement of many clauses and new headings to give a more fluid feel to the document as a whole
* many grammatical improvements throughout
* the absolute prohibition of sub-letting or assignment
* improvements to the fire safety clauses
* improvements to the data protection clauses
* addition of some new clauses
* improved formatting for when a duplex printer is used (two sided printing)

08/14 – A big update! Added new clauses about notice to quit and email delivery of notices. Also updated the subletting, continuation, notice to terminate and end of tenancy clauses.

02/14 – Amended requiring deposit on or before commencement and clarifying that the tenancy is not a receipt for the payment of a deposit. Updated to our new logo which is slowly being phased in.

09/13 – Removed “lead” from tenant names, amended continuation clause to bring it in line with other agreements and changed to use as a home clause slightly.

05/13 – Tweaked the guidance in relation to green deal (agreement not suitable for green deal plan where there is an early repayment clause).

02/13 – Added new clause under rights of entry section about consequences of failing to allow a viewing with a prospective tenant (including council tax liability). Also amended the prior clause.

12/12 – Major overhaul of tenancy agreement including amending of many clauses. Added new green deal acknowledgement as required by the green deal legislation. Also made the document a deed for all cases (including less than 3 years).

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